Assisted Living Facility Employees Overtime Pay Wage & Hour Laws
Assisted Living Facility Employee Overtime Lawsuits: Wage & Hour Laws

Assisted Living Facility Employee Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about assisted living facility employees:

What Is an Assisted Living Facility Employee?

Assisted living facility employees assist the elderly or persons with disabilities with daily living activities at the person’s home or in a care facility. Duties performed at a place of residence may include keeping house (making beds, doing laundry, washing dishes) and preparing meals.

What is the Salary Range for an Assisted Living Facility Employee?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of personal care aides made between $17,310 to $29,760, with the average annual salary being approximately $21,920.

How Many Assisted Living Facility Employees Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for personal care aides are as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
1,492,250 0.8% $10.92 $22,710 0.3%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.
According to the United States Department of Labor, the percentile wage estimates for a personal care aide is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $8.32 $9.22 $10.54 $11.95 $14.31

Where Are Most Assisted Living Facility Employees Employed?

According to the United States Department of Labor, states with the highest employment level of personal care aides are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
Texas 188,790 16.07 1.51 $8.95 $18,620
New York 156,830 17.24 1.62 $12.27 $25,510
California 144,310 9.04 0.85 $12.09 $25,150
Pennsylvania 92,040 16.01 1.51 $10.96 $22,810
Oregon 67,420 23.99 2.26 $11.83 $24,610

Assisted Living Facility Employees Overtime Pay Lawsuit News

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TAMPA, Fla. — Toria’s Support Care Services, a home care provide based in Tampa, has violated the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act (FLSA), according to investigators from the Tampa District Office of the U.S. Department of Labor’s Wage and Hour Division. Toria’s Support Care Services misclassified one maintenance worker and one […]


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SAN JOSE, Calif. — The operator of five assisted living facilities in San Jose, Calif. owes $443,460 for alleged California law minimum wage and overtime violations, according to a citation announced March 28 by the California Department of Industrial Relations. The company, TJ Homes Corp., must pay 22 caregivers $192,050 in back wages, $150,200 in liquidated […]


Read All Assisted Living Facility Employees News on Overtime Pay Cases and Settlements

What are the Laws for Assisted Living Facility Employees Overtime Pay?

The Fair Labor Standards Act (FLSA) requires employers to pay covered employees overtime wages at a rate of time-and-one-half for all hours worked over 40 in a workweek. The FLSA protects all Assisted Living Facility Employees whose primary duties are not managerial, administrative, or professional in nature. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.

Employers in the assisted living industry often violate the FLSA by failing to pay Assisted Living Facility Employees the required overtime pay. In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training. Common violations include failing to pay for work performed before and after the scheduled shift, during scheduled meal breaks, and during staff meetings and training. When calculating overtime pay, employers also often fail to combine the hours of work performed in different departments or facilities as well as time spent on call.

There are strict time limitations for filing a claim so it is important that you discuss your case in a timely manner. If you wait too long, you may lose your ability to recover some or all of your back pay. An experienced assisted living facility employees overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for Assisted Living Facility Employees. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced Assisted Living Facility Employee overtime pay lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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